Course Title: Analyse and apply civil procedure

Part B: Course Detail

Teaching Period: Term2 2017

Course Code: LAW5721

Course Title: Analyse and apply civil procedure

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email:

Name and Contact Details of All Other Relevant Staff

Doug Cole


Judy Dredge



Nominal Hours: 50

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites


Course Description

This unit describes the skills and knowledge required to employ legal principles in the area of litigation and civil procedures including the civil jurisdiction, structure, procedure and operation of the courts in Victoria, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors. A practitioner would typically provide specialised knowledge of contract law principles across a range of social, domestic and commercial contexts.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21640 Analyse and apply civil procedure


1. Analyse the structure and purpose of the Victorian civil courts system

Performance Criteria:

1.1 Outline the jurisdictional limits of the Victorian Supreme Court, County Court and Magistrates' Court 1.2 Identify and describe the role and jurisdiction of the Federal Court 1.3 Examine the role of administrative tribunals in relation to dispute resolution 1.4 Outline the roles of court personnel


2. Identify and assess sources of procedural rules and practices in the Supreme Court of Victoria

Performance Criteria:

2.1 Research and describe the nature and functions of court rules with reference to judicial interpretation of rules and the court's inherent power to control procedure and practice directions 2.2 Identify the circumstances in which no rules apply and describe the action/s to be followed in these circumstances 2.3 Examine the power of the court to prevent abuse of its processes


3. Analyse and apply the steps prior to litigation and the commencement of litigation

Performance Criteria:

3.1 Identify the steps prior to litigation and analyse for application 3.2 Determine the commencement of a Supreme and County Court action 3.3 Determine the requirements of a Magistrates' Court complaint 3.4 Outline the method of issue of a writ and complaint 3.5 Describe the means by which an originating process may be served and analyse for application 3.6 Determine, and analyse for application, the requirements of notice of appearance (Supreme and County Courts) and notice of defence (Magistrates' Court), including: conditional appearance' interlocutory and final judgments in default of appearance, and judgment in default in the Magistrates' Court


4. Assess the nature, function and form of pleadings, particulars and third party procedures

Performance Criteria:

4.1 Identify the course of pleadings 4.2 Describe the content, form and requirements of a pleading 4.3 Outline the methods of answering an opponent's pleading 4.4 Analyse the procedures relating to counterclaims, as compared with set-offs 4.5 Examine the nature and purpose of particulars 4.6 Identify the procedures relating to the joinder of third and subsequent parties, and claims for indemnity or contribution between parties, and analyse for application


5. Analyse and apply interlocutory procedures in defended actions

Performance Criteria:

5.1 Examine the circumstances in which summary judgment is available under Order 22 of the Supreme Court Rules and determine the applicable procedures 5.2 Outline and apply the process of discovery of documents 5.3 Examine and apply the nature and purpose of interrogatories 5.4 Outline the uses and effect of notices to admit and analyse for application 5.5 Outline the settlement procedures and analyse for application 5.6 Research and discuss the role of judges, masters and magistrates in the pre-trial stages of litigation 5.7 Determine and describe the methods of fixing a date for hearing in the Victorian Supreme Court, County Court and Magistrates' Court


6. Analyse and apply the processes of preparation for trial, the enforcement of judgments or orders, and costs

Performance Criteria:

6.1 Identify and apply the process of preparation for trial 6.2 Evaluate the process of enforcement of judgments or orders and analyse for application 6.3 Determine the costs considerations in relation to litigation


7. Analyse and apply non-litigious avenues of dispute resolution

Performance Criteria:

7.1 Evaluate and discuss mediation, as an alternative avenue of dispute resolution, with reference to: • the nature of the process of mediation • the roles of the parties • the legal status of outcomes • pre-issue mediation in the Magistrates' Court 7.2 Evaluate and discuss arbitration, as an alternative avenue of dispute resolution, with reference to: • the nature of the process of arbitration • the roles of the parties • the legal status of the outcomes 7.3 Analyse the operations of alternative avenues of dispute resolution and corollary advantages and disadvantages, including collaborative law, and debate to improve practice

Learning Outcomes


Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment. We expect you to participate and contribute in all scheduled learning activities.

Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Blackboard
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

The weekly teaching schedule for this course is located in the attached file named "Civil Procedure Course Information_Sem 2 2017". (Please note that this schedule is subject to change).

Learning Resources

Prescribed Texts


Cairns, Australian Civil Procedure, Thomson Reuters

Other Resources

Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• knowledge of the application of: form of pleadings, particulars and third party procedures
• correctly following procedures of a civil litigation from commencement to non-litigious dispute resolution
• analysis of the structure, procedures and operation of the court systems in Victoria
• knowledge of litigation and civil procedure, including civil jurisdiction, structure, procedure and operation of the civil courts system in Victoria
• knowledge of alternative avenues of dispute resolution including collaborative law
• knowledge of preparation process for trial and the enforcement of judgments or orders and costs
• knowledge of interlocutory procedures in defended actions

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.


Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.

Assessment Tasks

Assessment will be by means of:

Short answer/multiple choice test (open-book)                  30%

Assignment                                                                    30%

Final test (open-book)                                                     40%


Assessment Matrix

Other Information

Submission Requirements

You should:

  • Ensure that you submit assessments on or before the due date.
  • Always retain a copy of your assessment tasks (both hard copy and soft copy).
  • Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
  • Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Kelly Hervey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to:

The application form may be obtained from:

Where an extension of greater than seven days is needed, you must apply for Special Consideration. Applications for Special Consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. For more Information go to:;ID=g43abm17hc9w

The application form may be obtained from:

Resubmissions (VE Programs):

You must satisfactorily complete all assessment tasks in order to achieve competency.

If an assessment task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission within the current semester.

If your resubmission is deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.

If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.

Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website:;ID=7usdbki1fjf31

Marking Guide (Competency)

You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying.

Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.

On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).

Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.

Marking Guide (Grading)

This course is graded. However, only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course. 

The reported Final Grade will be one of the following:


 Competent with High Distinction


 Competent with Distinction


 Competent with Credit


 Competency Achieved – Graded


 Not Yet Competent (all assessment tasks submitted)


 Did Not Submit (one or more assessment tasks not submitted)

Further details regarding the application of the grading criteria will be provided by your teacher.

Course Overview: Access Course Overview